(A) Any small wireless facility that is not continuously operated for a period of 90 days shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (six months). The applicant shall give written notice to the city at such time as use of the facility ceases.
(B) The applicant shall have 60 days after a notice of abandonment is mailed by the city to make the facility operable, replace the facility with an operable facility, or completely remove the facility and all supporting facilities and restore the site.
(C) Any removal of the small wireless facility shall be conducted in a safe manner, and the property on which it is located shall be restored to its original condition (reasonable wear and tear excepted) within 180 days of the removal of the small wireless facility. Alternatively, the applicant shall provide a letter of credit or cash deposit acceptable to the city which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the city for the express purpose of using the funds for removal of the equipment/facility.
(D) If the applicant does not do so within that period of time, the city may remove or cause to be removed the small wireless facility at the expense of either the underlying property owner's expense or applicant's expense, and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner.
(E) If there are two or more users small wireless facilities on a single support structure, the support structure shall not be deemed abandoned until all users abandon it.
(Ord. 19-271, passed 6-5-2019)